Procedure for Complainant and Respondent in Sexual Misconduct

Complainant:

  • Students who disclose an assault will be referred to Counseling Services, Appel Health Services, The College Chaplain, the SARTor the Title IX Coordinator (TIXC), Jan Masland.
  • All reports of sexual misconduct must be reported to the TIXC within 24 hours. (Mandated reporting obligations apply.)
  • If the report is made to Counseling Services, Appel Health Services or the Chaplain they will refer any student considering a conduct (campus judicial) or criminal option to the Title IX Coordinator. Anyone to whom an assault is reported should also refer the student to the TIXC for a discussion of options. (Mandated reporting obligations apply.)
  • The TIXC will explain the investigation process to the complainant who will be shown the list of trained Sexual Misconduct Committee members/advisors. The complainant is encouraged to choose an Advisor from this list but may choose anyone who is a non-student.
  • The Advisormay attend all meetings with the Complainant as well as the Hearing should there be one. The Advisor is not permitted to speak in the investigation or Hearing without requesting and receiving permission from the Investigators or Panel Chair.
  • The TIXCwill contact the chosen Advisor (if chosen from the College list) and confirm their availability and willingness to serve as an Advisor.
  • The complainant will contact the Advisor who will assist the complainant in preparing the complaint and a list of requested witnesses for the investigators. In anticipation that it may be shared with the Respondent, the complaint should be brief stating only the relevant facts of the misconduct; an Impact Statement should not be included.
  • The Advisor and Complainant will meet with the TIXC and the Sr. Associate Dean of the College to file the written complaint.
  • The TIXC will assign two investigators to conduct the investigation.
  • At the conclusion of the investigation the TIXC and the Sr. Assoc. Dean of the College will review the investigation notes and determine if a Hearing will be held. If a Hearing is to be held:
  • The Complainant will be given a packet that will include a list of the hearing officers, the complaint, investigatory notes and witness statements at least 5 business days prior to the Hearing.
  • At this point the Complainant may ask, for good cause, to have a Panel member excused.
  • Within 3 business days of receiving this packet, the Complainant must submit the list of witnesses whom they would like to have called to the Hearing.
  • The Complainant may also submit a list of up to 10 questions that they would like the Panel to ask of the Respondent. This is due 2 business days prior to the Hearing.
  • The final witness list will be shared with the Complainant 48 hours before the Hearing.
  • The Complainant and Advisor will compose Opening, Preliminary Closing and Impact Statements to be given at the Panel Hearing. One copy of the Opening and Closing andfour copies of the Impact statement should be given to the Chair at the beginning of the hearing.
  • The Opening Statement should address discrepancies in the Investigation notes. The Complainant will have an opportunity to amend the Closing Statement after all testimony has been heard.
  • An Impact Statement describes the effect that the misconduct has had on the Complainant. If the Respondent is found responsible it will be given to the Panel Members.
  • Throughout this process any remedial actions (e.g. a no-contact order, change of living location for the Respondent or Complainant, removal of the Respondent from a mutual class, academic accommodations etc.) that the Complainant may request will be considered and approved by the TIXC.

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Respondent:

  • Upon the filing of a complaint by the Complainant, the Respondent will be informed by the Sr. Associate Dean of the College and the Title IX Coordinator (TIXC)that there has been a complaint filed against him/her.
  • The Respondent may choose, at this point, to admit responsibility. The Respondent must submit in writing his or her decision to the Sr. Associate Dean of the College and the Title IX Coordinator. In such cases, the Senior Associate Dean of the College, in consultation with the TIXC will determine an appropriate sanction. The Complainant may request a hearing regardless of the admission.
  • If the Respondent does not choose to admit responsibility, the TIXC will present the Respondent with the list of Sexual Misconduct Committee members from which the Respondent is encouraged to choose an Advisor or the Respondent may select a non-student advisor of his/her choice.
  • The Advisor may attend all meetings as well as the Hearing should there be one but may not speak without permission from the investigators or Hearing Chair.
  • If the Advisor is a member of the F&M community, the TIXC will contact the Advisor and confirm their willingness and ability to serve as an Advisor.
  • The Respondent will then contact the Advisor who will assist the Respondent in preparing for the investigation interviews (including the Respondent’s request for witnesses to be interviewed by the investigators) and Misconduct Hearing if one is scheduled.
  • The TIXC will assign two investigators to conduct the investigation.
  • At the conclusion of the investigation the TIXC and the Sr. Assoc. Dean of the College will review the investigation notes and determine if a Hearing will be held. If a Hearing is to be held:
  • The Respondent will be given a packet that includes the members of the Hearing Panel, the complaint, investigatory notes and witness statements at least 5 business days before the Hearing.
  • The Respondent may ask, for good cause, that a member of the Hearing Panel be excused.
  • Within 3 business days of receiving this packet, the Respondent must submit the list of witnesses whom they would like to have called to the Hearing.
  • The Respondent may also submit a list of up to 10 questions that they would like the Panel to ask of the Respondent. This is due 2 business days prior to the Hearing.
  • The final witness list will be shared with the Respondent 48 hours before the Hearing.
  • Statements:
  • The Respondent in consultation with the Advisor will compose a response to the complaint to be read at the hearing as an Opening Statement. This statement should address discrepancies in the investigation notes.
  • The Respondent will also compose a preliminary Closing Statement which may be amended after hearing all testimony.
  • Lastly the Respondent may compose an Impact statement to be read by the Hearing Panel only in the event of a finding of responsibility. An Impact Statement describes the effect that the complaint has had on the Respondent. It will be given to the Panel Members if the Respondent is found responsible.
  • The Respondent should prepare one copy of the Opening and Closing Statements and four copies of the Impact Statement to be given to the Chair at the beginning of the Hearing.
  • In some instances there may be an Administrative Review instead of a Hearing in which sanctions are assigned by the Sr. Associate Dean of the College or the Dean of the College in consultation with the TIXC. Upon being advised of the sanctions, the Respondent may choose one of two options:
  • An appeal of the sanction to the Dean of the College or designee or
  • Not to accept the findings/sanctions and request a Hearing which will be granted at the discretion of theSr. Associate Dean of the College or Dean of the College and the TIXC.

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